×
Go back to Martindale-Avvo ➔

Pennsylvania Criminal Defense Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
499 legal questions have been posted about criminal law by real users in Pennsylvania. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include theft, weapons charges, and death penalty. All topics and other states can be accessed in the dropdowns below.
Pennsylvania Criminal Defense Questions & Legal Answers - Page 20
Do you have any Pennsylvania Criminal Defense questions page 20 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 499 previously answered Pennsylvania Criminal Defense questions.
Criminal Law
Pennsylvania

Recent Legal Answers

Can I request to have my probation terminated earlier so I can start working?

Answered 11 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Depends what county you are in, and if your judge historically does this. I do this in Allegheny County for people who reach their half way point in probation, but when I do it I have to factor in the personality of the judge and whether the PO agrees. The other thing is that most PO's and judges want all restitution, fines and costs paid before closing otherwise they have no way of enforcing the order.... Read More
Depends what county you are in, and if your judge historically does this. I do this in Allegheny County for people who reach their half way point... Read More

Will this charge revoke me off my ARD if I was caught stealing?

Answered 11 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Get a lawyer. It very may well result in your ARD being revoked which will be most unfortunate. The lawyer may be able to handle your new Retail Theft in such a way that you are not convicted and then talk the DA or the PO in to not pursuing an ARD violation.
Get a lawyer. It very may well result in your ARD being revoked which will be most unfortunate. The lawyer may be able to handle your new Retail... Read More

How can they still charge me if the victim did not show twice?

Answered 11 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
The DA should not be able to admit witness/victim statements as they are hearsay. As far as the continuance, there is no rule, but if the victims no show a third time the DJ may dismiss it or allow the DA to withdraw.
The DA should not be able to admit witness/victim statements as they are hearsay. As far as the continuance, there is no rule, but if the victims... Read More

Do I not need to be outside store, or walking to exit before I can be charged?

Answered 11 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If you believe you can trust them and what they meant by "it will not be reported" is that they will not file criminal Retail Theft charges at the District Justice, then you should be OK. Just pay the civil demand. If you can trust them is the issue.
If you believe you can trust them and what they meant by "it will not be reported" is that they will not file criminal Retail Theft charges at the... Read More

My brother was sexually abused by two correctional officers. He reported it and they are not doing anything about it. He is in SCI Smithfield.

Answered 11 years ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
I strongly suggest you consult with a civil rights attorney in Huntingdon County or close to there. Please contact the PA Bar Association if you need help finding a civil rights attorney. http://www.pabar.org/public/membership/lrsblurb.asp  
I strongly suggest you consult with a civil rights attorney in Huntingdon County or close to there. Please contact the PA Bar Association if you need... Read More

How accurate does the info on a Police Criminal Complaint have to be?

Answered 11 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Minor discrepancies in police reports will not get a case dismissed. The police can be questioned at any hearing on these mistakes and be given the opportunity to correct them. If their testimony does not correct them or leads to more inconsistencies, it will help the defense win the trial.... Read More
Minor discrepancies in police reports will not get a case dismissed. The police can be questioned at any hearing on these mistakes and be given... Read More

ca i have my 20 year old felony conviction from pennsylvania sealed/expunged?

Answered 11 years ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Unfortunately, you cannot make application for an expungement until you turn age 70. Your only other recourse would be to apply for a pardon.
Unfortunately, you cannot make application for an expungement until you turn age 70. Your only other recourse would be to apply for a pardon.

does a public defender have to fight for you like a paid attorney

Answered 11 years ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes and no. A public defender has to offer you adequate representation. The Preamble to the Rules of Professional Conduct states, "As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system...." That being said, private attorneys usually have far fewer clients and are typically able to devote more time and effort to one's case than a public defender is able to do.... Read More
Yes and no. A public defender has to offer you adequate representation. The Preamble to the Rules of Professional Conduct states, "As advocate, a... Read More

How can Probation and Parole make you serve longer than your sentence from a Judge?

Answered 11 years ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It's possible there was an error in transferring the probation. I would suggest that he ask the probation officer/parole office why such a long probation/parole. Usually one maxes out at the end of his sentence.
It's possible there was an error in transferring the probation. I would suggest that he ask the probation officer/parole office why such a long... Read More

vehicle impounded on passenger with pot

Answered 11 years ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Unfortunately, they can. However, I suggest you bring a motion for return of property.
Unfortunately, they can. However, I suggest you bring a motion for return of property.

What happens to gun ownership while charged but not convicted?

Answered 11 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
You should be able to but it is possible the Sheriff will deny the application based on his run of your rap sheet-even though a summary conviction should not prevent you from obtaining a license. I would suggest filing a petition to expunge your arrest record.
You should be able to but it is possible the Sheriff will deny the application based on his run of your rap sheet-even though a summary conviction... Read More

How to hire an attorney to sit in on a DA interview.

Answered 11 years and a month ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Any criminal defense attorney should be willing and able to help.
Any criminal defense attorney should be willing and able to help.

How can I get house arrest instead of jail time?

Answered 11 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
No one can answer this without knowing what your case is about. It would be like calling a mechanic and asking how do I get my car running again? I would ask your attorney. My only question is people normally never get jail or house arrest on their first few RT's? If you are looking at jail, you must have a history of house arrest. If you have to convince the judge to give you house arrest instead of jail, just tell him all the things your mentioned, the job, the husband's MS, etc.... Read More
No one can answer this without knowing what your case is about. It would be like calling a mechanic and asking how do I get my car running again? I... Read More

Does a not guilty person that plead guilty for a plea bargain have a civil suit?

Answered 11 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Probably not but if you want to try, you need to file a PCRA petition within one year of your plea. The goal of this would be to have your guilty plea stricken based on whatever defense you use-like your counsel was ineffective, you were innocent, etc. If you do this, perhaps a civil suit would be stronger. So, if you are within a year of your plea, find an attorney who handles Post Conviction Relief Act cases.... Read More
Probably not but if you want to try, you need to file a PCRA petition within one year of your plea. The goal of this would be to have your guilty... Read More

Can a probation detainer hold a defendant in custody once the probation term has expired?

Answered 11 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
I think so.
I think so.

What can we expect to happen on a 2 felony counts of theft?

Answered 11 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Th preliminary hearing is only to determine if the case goes to the court of Common Pleas, which it probably will. I highly advise you to speak with an attorney about any possible defenses or first time offender programs in order to minimize the chance of your son getting convicted and having a criminal record.... Read More
Th preliminary hearing is only to determine if the case goes to the court of Common Pleas, which it probably will. I highly advise you to speak... Read More

What to do next

Answered 11 years and a month ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Did he have his final probation revocation hearing yet? If so, he needs to petition the court for early parole. If not, it needs to be fought at the revocation hearing.
Did he have his final probation revocation hearing yet? If so, he needs to petition the court for early parole. If not, it needs to be fought at the... Read More

Wnen inprisoned do you have the right to speak with your attorney?

Answered 11 years and a month ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You have a right to a free attorney at every court appearance beginning with your preliminary hearing, not before. Unfortunately, there's no "right" to have a free lawyer meet with you outside of court.
You have a right to a free attorney at every court appearance beginning with your preliminary hearing, not before. Unfortunately, there's no "right"... Read More

I Have a Simple assault charge and harrassment What is the best advice to get it dismissed

Answered 11 years and a month ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Given the vagueness of your question, the only advice I can really give is to consult with an attorney.  Consulting with an attorney is the only way you'll find out about your legal rights in this particular situation. 
Given the vagueness of your question, the only advice I can really give is to consult with an attorney.  Consulting with an attorney is the only... Read More

Is it legal to carry a firearm while in a bar or if I've had alcohol?

Answered 11 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
As long as you have a carry permit you can carry a concealed weapon in public. As far as drinking, I can think of no crime for carrying a gun while intoxicated. The Firearms Statute precludes permits for habitual drunks or DUI offenders.
As long as you have a carry permit you can carry a concealed weapon in public. As far as drinking, I can think of no crime for carrying a gun while... Read More

Can they change the court’s decision from a misdemeanor to a felony?

Answered 11 years and a month ago by Michael Alexander Dye (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
That would have to do with the other states laws regarding classification of offenders. You need to speak to an attorney in the other state.
That would have to do with the other states laws regarding classification of offenders. You need to speak to an attorney in the other state.

Can they change the court’s decision from a misdemeanor to a felony?

Answered 11 years and a month ago by attorney William R. Pelger   |   2 Answers   |  Legal Topics: Criminal Defense
I am guessing that what was a misdemeanor in PA is a felony in "the other state", under the other states criminal code. I would ask a lawyer in the other state as to what the consequences are, or, just move back to PA.
I am guessing that what was a misdemeanor in PA is a felony in "the other state", under the other states criminal code. I would ask a lawyer in the... Read More

Can I avoid any criminal record from a bad check?

Answered 11 years and a month ago by Keith J. Bidlingmaier (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
In what county did this occur? The reason I ask is that each county throughout PA handles these matters differently.  I would recommend consulting with an attorney before your preliminary hearing with hopes of the charges being withdraw.  You then could expungment the records.  Keith Bidlingmaier, Esquire Bucks County 215-968-6602... Read More
In what county did this occur? The reason I ask is that each county throughout PA handles these matters differently.  I would recommend... Read More

Is it true that only one party can press assault charges in a fight?

Answered 11 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
No. There is a misdemeanor 3 subsection called mutual combat. The police and DA's generally do not like to charge both combatants.
No. There is a misdemeanor 3 subsection called mutual combat. The police and DA's generally do not like to charge both combatants.
Criminal Law
Pennsylvania

Helpful Resources